British Gas and Commerical Collection Services! :-/

seaglimpses

Hi, I've done a search on here and cannot see anything relating to this but if I have missed it please can you give me the link! Thanks.

I have just received a letter from Commerical Collection Services regarding electricity with British Gas for a period of almost a year ago. At that time I did have some problems with British which were all sorted out.

The letter I have received (which relates to my old address and has been sent on) is addressed to the 'occupier' and asks for details of who was responsible for this period. I am obviously very worried about this as as far as I was concerned the problems I had had with British Gas (which were their fault) were resolved.

I did read on another site that I should send them this:
I do not acknowledge ANY debt to your company.

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.


Yours Faithfully


...but I am worried about giving them my details at all.

Does any one know much about this sort of thing or has anyone dealt with this company before?

All help appreciated!!

Thanks, Abi.

Terrylw1

Hi,

Does the period in question relate to when you were liable to BGas for the utilities? If not, you are now liable to make any payment at all.

It is possible thst after you left BGas set a new aco!!!! up as a new occupant moved in and didn't tell them. So, after trying to make contact they have passed it onto CCS to chase.

CCS sounds like they are just asking for your leaving date. However, they can easily get that from BGas and so should not be contacting you if you have paid all such arrears off with BGas.

Are you 100% sure you owe nothing to BGas? If so, I would suggest you refer CCS back to BGas.

If they are asking for payment for a period that you were in there, you are liable that period. However, it could just be a mistake that BGas have caused.

In my opinion, you should contact BGas about this and if they confirm you are sorted - ask them why they have referred it to CCS if it covers the time you were there.

I think you need to remember that you HAD a contract with BGas between X & X. So, if you do not pay, they are completely entitled to refer you to CCS. Your contract was with BGas which means CCS are not obliged to provide you with any credit agreement.

The Supplier however is obliged to supply you with T&C's which cover this.

midflight

Your contract was with BGas which means CCS are not obliged to provide you with any credit agreement.

Even if the debt has been sold/passed on?

So a debt collection agency could come knocking on my door, demanding money, but are not required to provide any proof of the original agreement?
A scary thought...

Terrylw1

They can confirm the debt & how it was made up (or most likely tell you to call BGas) but exactly how do they confirm the T&C's that covered the management of an elec or gas account and the agreement, Deemed or otherwise?

Why do they need to prove more than a) where the debt is from b) that Bgas have passed it on and c) that you haven't paid???

The OP is wanting a credit agreement form them, but the OP never made any agreement with them as they are a debt collection agency working for BGas.